EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

03.29.17

Recognising the Death of Software Patents, Microsoft’s Largest Ally in India Belatedly Joins the Linux-Centric Open Invention Network

Posted in Asia, GNU/Linux, Microsoft, OIN, Patents at 5:17 am by Dr. Roy Schestowitz

But Microsoft carries on with its usual tricks, this time calling them “Azure IP Advantage”… (Microsoft-armed trolls attacking Azure’s rivals and non-customers)

Microsoft and trolls

Summary: With the demise of software patents come some interesting new developments, including the decision at Infosys — historically very close to Microsoft and a proponent of software patents — to join the Open Invention Network (OIN)

OVER the past month or so we’ve published 10 articles about Microsoft siccing patent trolls on GNU/Linux [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. It’s already happening on the face of it (we have since our last article learned that the Toyota patent deal covers “OS” and “file systems”, i.e. Linux), and LG adopts similar tactics that prevent responsibility/reaction by ‘proxifying’ to trolls (see this old cartoon about it — one that we’ve just ‘massaged’ or flattened to fit our layout above). This is the kind of thing OIN was supposed to protect against, but we have hardly seen any evidence of effective defense (OIN told one such tale about half a decade ago, but nothing since).

“OIN cannot guard against this.”The idea that OIN will somehow ‘snatch’ patents before they reach trolls (even where Microsoft arranges for others’ passage, e.g. from Nokia to MOSAID/Conversant) assumes that Microsoft is naïve. See what happened with CPTN. OIN cannot guard against this. OIN is not the solution to the core issue, which is patents on software. OIN stakeholders, in particular the large ones, don’t want patents on software to stop. They want GNU/Linux and they want patents on software too; they want the impossible!

Over in India, thanks to vigilant populace and local businesses, software patents have been kept illegal all these years. Infosys, a Microsoft proxy which had a change of heart on software patents (because they’re impossible to attain/enforce), joins the Open Invention Network this week [1, 2, 3, 4]. It’s rather surprising, but given the nationality of Infosys (Indian), this is not entirely shocking. Their CEO has actually lashed out at software patents — a move which we very much welcome.

“OIN is not the solution to the core issue, which is patents on software.”Over in the United States, there is still some uncertainty over the death of software patents. Companies generally know that courts are hostile towards software patents (the higher the court, the more hostile) and fewer of them — albeit not all — dare sue. It’s the initiation of a long and expensive process which typically yields nothing after Alice (only court and lawyers’ fees).

IAM, an enemy of India [1, 2, 3] and a proponent of software patents (also the mouthpiece of patent trolls, as we last showed yesterday), worries about an impending SCOTUS ruling which would most likely further inhibit patent trolls and software patents in the US. IAM wrote the following yesterday:

As anyone with even a cursory interest in patents could tell you, this means that as things stand a large proportion of patent suits are concentrated in the Eastern District of Texas, which because of its handling of issues such as discovery and early case motions, is perceived to be particularly plaintiff friendly.

Because it is. And it’s even advertising itself as such! So much for justice! It’s like a disciplinary committee under Battistelli, which evidently continues to be a problem [PDF].

“Over in the United States, there is still some uncertainty over the death of software patents.”According to this new article (sheltered behind a paywall, as usual), the USPTO is probably realising that software patents are a thing of the past. To quote the summary:

Recent Federal Circuit decisions, and updated Guidance issued by the USPTO have provided practitioners with a new roadmap to navigate the minefield left in the wake of the “Alice” case.

Alice, as we repeatedly noted last year, is here to stay. There are no signs that Justices will revisit the matter (patentability of software) any time soon. Instead, again behind paywall, Justices now look into other matters. MIP give paying subscribers a glimpse at what happens in Impression v Lexmark (oral arguments). It’s a SCOTUS patent case which along with TC Heartland will quite likely further restrict patent scope in the US (a much-needed and overdue reform).

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 17/8/2018: GNU/Linux From ASUS, Debian at 25, Lubuntu Plans

    Links for the day



  2. Links 16/8/2018: MAAS 2.4.1, Mesa 18.2 RC3

    Links for the day



  3. USPTO Craziness: Changing Rules to Punish PTAB Petitioners and Reward Microsoft for Corruption at ISO

    The US patent office proposes charging/imposing on applicants that are not customers of Microsoft a penalty; there’s also an overtly and blatantly malicious move whose purpose is to discourage petitions against wrongly-granted (by the USPTO) patents



  4. The Demise of US Software Patents Continues at the Federal Circuit

    Software patents are rotting away in the United States; it remains to be seen when the U.S. Patent and Trademark Office (USPTO) will truly/fully honour 35 U.S.C. § 101 and stop granting such patents



  5. Almost Two Months After the ILO Ruling Staff Representative Brumme is Finally Back on the Job at EPO

    Ion Brumme gets his position at the EPO back, owing to the Administrative Tribunal of the International Labour Organization (ILO-AT) ruling back in July; things, however, aren't rosy for the Office as a whole



  6. Links 15/8/2018: Akademy 2018 Wrapups and More Intel Defects

    Links for the day



  7. Antiquated Patenting Trick: Adding Words Like 'Apparatus' to Make Abstract Ideas Look/Sound Like They Pertain to or Contain a 'Device'

    35 U.S.C. § 101 (Section 101) still maintains that abstract ideas are not patent-eligible; so applicants and law firms go out of their way to make their ideas seem as though they're physical



  8. Open Invention Network (OIN) Member Companies Need to Become Unanimous in Opposition to Software Patents

    Opposition to abstract software patents, which even the SCOTUS and the Federal Circuit nowadays reject, would be strategically smart for OIN; but instead it issues a statement in support of a GPL compliance initiative



  9. President Battistelli 'Killed' the EPO; António Campinos Will 'Finish the Job'

    The EPO is shrinking, but this is being shrewdly disguised using terms like "efficiency" and a low-profile President who keeps himself in the dark



  10. Links 14/8/2018: Virtlyst 1.2.0, Blender 2.8 Planning Update, Zorin OS 12.4, FreeBSD 12.0 Alpha

    Links for the day



  11. Berkheimer Changed Nothing and Invalidation Rates of Abstract Software Patents Remain Very High

    Contrary to repetitive misinformation from firms that 'sell' services around patents, there is no turnaround or comeback for software patents; the latest numbers suggest a marginal difference at best — one that may be negligible considering the correlation between expected outcomes and actions (the nature of risk analysis)



  12. Lockton Insurance Brokers Exploiting Patent Trolls to Sell Insurance to the Gullible

    Demonstrating what some people have dubbed (and popularised) "disaster capitalism", Lockton now looks for opportunities to profit from patent trolls, in the form of "insurance" (the same thing Microsoft does)



  13. Patent Lawyers Writing Patent Law for Their Own Enrichment Rather Than for Innovation

    We have become detached from the original goals and come to the point where patent offices aren't necessarily run by people qualified for the job of advancing science and technology; they, unlike judges, only seem to care about how many patents get granted, irrespective of their quality/merit



  14. Links 13/8/2018: Linux 4.18 and GNU Linux-libre 4.18 Arrive

    Links for the day



  15. PTAB is Loathed by Patent Maximalists Because It Can Potentially Invalidate Thousands of Software Patents (More Than Courts Can Handle)

    The US patent system has become more resistant to software patents; courts, however, are still needed to invalidate such patents (a potentially expensive process) because the USPTO continues to grant these provided some fashionable buzzwords/hype waves are utilised (e.g. "facial recognition", "blockchain", "autonomous vehicles")



  16. Gene Quinn and 'Dallas Innovates' as Couriers of Agenda for Patent Trolls Like iPEL

    Failing to hide their real purpose and malicious agenda, sites whose real purpose is to promote a lot of patent litigation produce puff pieces, even for patently unethical trolls such as iPEL



  17. Software Patents, Secured by 'Smart' and 'Intelligent' Tricks, Help Microsoft and Others Bypass Alice/Section 101

    A look at the use of fashionable trends and buzzwords to acquire and pass around dubious software patents, then attempting to guard these from much-needed post-Alice scrutiny



  18. Keep Boston (and Massachusetts in General) From Becoming an Infestation Zone for Patent Litigation

    Boston, renowned for research and innovation, has become somewhat of a litigation hotbed; this jeopardises the state's attractiveness (except perhaps to lawyers)



  19. Links 12/8/2018: Academy of Motion Picture Arts and Sciences, Mesa 18.1.6 Release Notice, New Linux Imminent

    Links for the day



  20. Thomas Massie's “Restoring America’s Leadership in Innovation Act of 2018” (RALIA) Would Put the US Patent System in the Lions' (or Trolls') Mouth Again

    An anti-§ 101 and anti-PTAB bill from Rep. Thomas Massie (R-KY) strives to remove quality control; but by handing the system back to patent trolls he and his proponents simply strive to create more business of litigation, at the expense of innovation



  21. EPO-Style Problem-Solution: Tackling Backlog by Granting Lots of Low-Quality (Bogus) European Patents, Causing a Surge in Troll/Frivolous Litigation

    The EPO's lack of interest in genuine patent quality (measuring "quality" in terms of speed, not actual quality) may mean nothing but a litigation epidemic; many of these lawsuits would be abusive, baseless; those harmed the most would be small businesses that cannot afford a legal defense and would rather settle with those who exploit questionable patents, notably patent trolls



  22. Links 11/8/2018: PGP Clean Room 1.0, Ring-KDE 3.0.0, Julia 1.0

    Links for the day



  23. Propaganda Sites of Patent Trolls and Litigators Have Quit Trying to Appear Impartial or Having Integrity

    The lobbying groups of patent trolls (which receive money from such trolls) carry on meddling in policy and altering perception that drives policy; we present some new examples



  24. Months After Oil States the Patent Maximalists Still Try to Undermine Inter Partes Reviews (“IPRs”), Refusing to Accept Patent Quality

    The patent maximalists in the United States, seeing that the USPTO is moving away from patent maximalism, is desperate for a turnaround; prominent patent maximalists take it all out on PTAB



  25. The Unified Patent Court (UPC) Agreement is Paralysed, So Team UPC is Twisting Old News

    Paralysis of the Unified Patent Court Agreement (UPCA) means that people are completely forgetting about its very existence; those standing to benefit from it (patent litigation firms) are therefore recycling and distorting old news



  26. Patents as Profiteering Opportunities for Law Firms Rather Than Drivers of Innovation for Productive Companies

    A sample of news from yesterday; the patent microcosm is still arguing about who pays attorneys’ fees (not whether these fees are justified) and is constantly complaining about the decline in patent litigation, which means fewer and lower attorneys’ fees (less work for them)



  27. Links 9/8/2018: Mesa 18.2 RC2, Cockpit 175, WPA-2 Hash Cracking

    Links for the day



  28. Patent Maximalists -- Not Reformers -- Are the Biggest Threat to the Viability of the Patent System and Innovation

    Those who strive to infinitely expand patent scope are rendering the patent system obsolete and completely losing sight of the very purpose of the patent system, whose sanity US courts and lawmakers gradually restore (one ruling and one bill at a time)



  29. WeMove.EU Tackles Low Patent Quality at the European Patent Office (EPO)

    The breadth of European Patents, which now cover even nature itself, worries public interest groups; Team UPC, however, wants patent scope to expand further and António Campinos has expressed his intention to further increase the number of grants



  30. Links 8/8/2018: KDE Neon for Testing, New LibreOffice Release, Dart 2.0

    Links for the day


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts